Terms of Service

TERMS OF SERVICE

Thank you for visiting WoofPacks.ca! Please make sure to read the following Terms of Service carefully since, by accessing or using any part of our website, you express your consent to being bound by these. You also acknowledge that you have read and understood these terms. If you do not agree, you may not access our website nor use any of our services.

Throughout this website, the terms “we”, “our” or “us” all refer to Woof Pack. Woof Pack is an online subscription service provided by Liftoff Inc., a corporation duly incorporated under the laws of the Province of Québec. The terms “you,” the “Pet Owner” or the “Customer” are all synonyms and refer to you as a browser of our website and/or purchaser of our products. Our “Products” mean all items, including their packaging and accompanying notices, coupons or other documents, received from Woof Pack, including but not limited to toys, grooming, health training or other accessories, food or any other items. Finally, the term “Services” as used throughout this website refer to the services provided by Woof Pack and third parties upon which Woof Pack relies directly or indirectly, including but not limited to online services, customer services, subscription service or payment processing service.

By visiting our website and/or purchasing a Product from us, you engage in our Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies as referenced herein. Woof Pack reserves the right to change these Terms of Service from time to time, at any time without notice, by posting its new Terms of Service on this website. Please make sure to consult the Terms of service regularly because they may have changed since your last visit.

1. SUBSCRIPTION

If you become a subscribed Woof Pack member, we will ship you our Products according to the frequency of delivery you choose (the “Woof Pack Plan”). You can choose from three Woof Pack Plans:

• Monthly Subscription
• 6 Month Subscription
• 12 Month Subscription
  
  • Term & Auto-Renewal

All our subscription service plans are continuous and these Terms of Service are effective unless and until terminated by either you or us.

ALL SUBSCRIPTION PLANS WILL AUTO-RENEW AUTOMATICALLY AT THE END OF THE SUBSCRIPTION PERIOD UPON THE SAME TERMS OF SERVICE, unless otherwise provided. You can prevent your subscription from auto-renewing upon prior notice (the “Notice of non-renewal”). The notice must, in such case, be received by us at least fifteen (15) days prior to the first day of the calendar month following the end of your then-current subscription period.

All notices shall be sent to the address provided below.

• Subscription Termination

If you provide us with a Notice of non-renewal according to the terms above, your Woof Pack subscription will terminate at the end of the subscription period.

YOU MAY NOT TERMINATE YOUR WOOF PACK PLAN PRIOR TO THE END OF THE SUBSCRIPTION PERIOD. EVEN IF YOU PROVIDE US WITH A CANCELLATION NOTICE, YOU WILL NOT RECEIVE A REFUND AND YOU WILL CONTINUE TO RECEIVE THE REST OF THE WOOF PACK DELIVERIES LEFT ON YOUR SUBSCRIPTION PERIOD.

We reserve the right to terminate these Terms or suspend for indefinite periods access to the Services at any time without notice and for any reason whatsoever, including but not limited to conduct we believe constitutes a breach of these Terms.

• Exchanges

Should a Product contained in our Woof Pack delivery package be defective, we accept exchanges within thirty (30) days of the shipping date indicated on the Woof Pack delivery package, when the Product is unused, unopened, and in its original packaging. Once the returned Product has been received and inspected by us, you will be sent a replacement product within seven (7) to ten (10) business days of inspection. We do not guarantee that an identical Product will be available and you may be sent a replacement product of similar type and value. Please note that we do not provide prepaid return shipping labels and are not responsible for return shipping costs.

After thirty (30) days from shipping, Products are no longer eligible for an exchange. We do not refund original shipping fees on any order.

2. LIMITATION OF LIABILITY

Our Products, more particularly all toys, food or accessories and with the exception of the accompanying paper coupons, notices and packages, are canine-related items and are not intended for humans or any other animals. Before giving any of the Products to your dog, you should always exercise your good judgment and evaluate the suitability of the item for your dog based on elements such as the size, the breed, the health condition or the habits of your dog, and based on your own experience with your dog.

The Products, namely the food, are intended to be only complementary to a well-balanced and regular diet of your dog. You are entirely responsible for ensuring that your dog is properly cared for.

You are entirely responsible for determining whether or not the toys or other accessories are suitable for your dog.

Woof Pack disclaims any and all liability with regard to any injuries, allergies or adverse reactions suffered by your dog, any other animal or any person as a result of using or consuming the Products.

Woof Pack does not guarantee the durability of the toys and the accessories, or any other Product.

We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained from Woof Pack will meet your expectations, or that any errors in the Services will be corrected.

IN NO EVENT SHALL WOOF PACK OR LIFTOFF INC. OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EXCEPT IN THE CASES OF PROVEN GROSS OR INTENTIONAL FAULT, AND INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF THE USE, INABILITY TO USE, OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WOOF PACK AND/OR LIFTOFF INC. HAS/HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE THAT WOOF PACK'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR ANY PRODUCTS OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO WOOF PACK IN THE THEN-PRIOR CALENDAR MONTH.

3. INTELLECTUAL PROPERTY

The services and all content published or otherwise accessible through this website or the Services, including but not limited to text, designs, images, photographs, graphics and code (collectively the “Content”) are protected by intellectual property laws valid and enforceable in Canada. The Content, including the copyright in the Content, is the property of Woof Pack. Woof Pack grants you a limited license to display or print the Content for your own personal and non-commercial use. Nothing contained in the Services should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on or through the Services without the prior written permission of Woof Pack or such third party that may own such trademarks. Your misuse of the trademarks displayed through the service, or any other Content, except as provided in these Terms of Service, is strictly prohibited.

4. PROHIBITED USE

You shall not use the Services in any way that would interfere with the operation of this website and any other Services, nor submit any content through the Services that libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable law.

5. PAYMENT

The payment for the selected subscription Woof Pack Plan is to be carried out on a monthly or bi-monthly basis, according to the Woof Pack Plan selected by you. By entering your payment information, you authorize automatic regular monthly or bi-monthly payments, as applicable, of the individual price, plus applicable taxes and shipping, of each Woof Pack package.

The first payment is to be processed upon the completion and submission of your payment information. All other payments are to be processed on the first day of the calendar month during which a Woof Pack package delivery is to be received.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6. OTHER TERMS AND CONDITIONS
   • Products and Services Provided to Canada Only

This website may be accessed from countries other than Canada. The Services are however only available within Canada. References to Products and Services do not imply that such Products or Services will be made available outside of Canada. All prices displayed on this website are in Canadian Dollars.

• Survival of Obligations

The obligations and liabilities of the parties survive the termination of your subscription period.

• Disclaimer of Warranties

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You expressly agree that your use of, or inability to use, the Service is at your sole risk. All Products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

• Shopify and Other Third Party Suppliers

Our website and the associated online shop services are hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you.

Certain content, products and services available via our Services may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

• Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Québec, Canada. Any controversy, claim or dispute arising out of or in relation to these Terms of Service shall, if not resolved amicably between the parties, be submitted to the courts of the Province of Québec, which shall have exclusive jurisdiction over such controversies, claims or disputes.

• Assignment

You may not assign, license, sublicense or otherwise transfer any of your rights or obligations under these Terms of Service.

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

• Entire Agreement & Severability

These Terms of Service and all documents referenced herein constitute the entire agreement between us and the Customer with respect to the Customer’s use of our Services.

In the event that any provision of these Terms of Service is determined to be unlawful, void, invalid or otherwise unenforceable by a court of competent jurisdiction, all remaining terms shall remain valid and enforceable to the extent that they can be severed from the invalidated portion of the term.

• No waiver of rights

Our failure to sanction any non-performance or breach, insist upon or enforce strict performance of any of the provisions of these Terms of Service shall not be construed as a waiver of any provision or right.

• Language

The parties have required that these Terms of Service and all related documents be drawn up in English. Les parties ont demandé que ces termes et conditions ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

7. CONTACT INFORMATION

All notices, inquires or comments are to be sent to support@woofpacks.ca or by mail at:

Woof Pack

2117 Noel St., Montreal (Québec),

H4M 1R7, Canada